Merit Sues Sterling Over Pendant

March 14, 2012byDaniel Ford

On March 9, Merit Diamond launched a lawsuit against Sterling Jewelers, charging that a pendant being sold at its Jared chain infringes on Merit’s Sirena collection.

In papers filed in U.S. District Court, Southern District of Florida, Merit says its Sirena line, carried by Macy’s and Zale’s, has been a “tremendous commercial success and has generated retail sales that exceed $100 million.”

Merit claims that in January 2012, it learned that a diamond-encrusted pendant being sold on Jared’s website was “substantially similar” to Merit’s pendant design.

The papers include this side-by-side photo of the Sirena pendant along with the pendant it alleges was sold at Jared.

Photo from Merit legal filing

At press time, the item described in the legal papers does not appear to be online at the Jared site.

The suit further alleges that, after discovering the pendant at the Jared website, a “large retail customer, believing that the [pendant] was a Merit SIRENA pendant, contacted Merit to express concern that Jared was selling a SIRENA pendant under a different name.”

The suit charges copyright infringement and trade law dress infringement. It seeks an injunction against the pendant, damages, and attorney fees.

Sterling has not filed a response to the suit and could not be reached at press time.